CAT/OP/PRT/1/add.1
In the context of the conservation and maintenance of prison establishments, special care is
devoted to the call system from the cells (bells). Despite this constant attention, due to the
intensive use and sometimes to the scant usage that the prisoners give to this equipment,
malfunctions are frequent.
B.
Discipline
47.
Subcommittee recommends that the State party ensure that the disciplinary
proceedings in prisons are speedily processed and that measures be put in place to allow
prisoners to appeal against the imposition of disciplinary sanctions. Disciplinary cells
should only be used when strictly necessary, and time spent in confinement cells should
be deducted from the period decided upon for the disciplinary sanction. The SPT also
recommends that the State party ensure that the maximum period of placement in
solitary confinement shall not exceed 15 consecutive days (even if it involves legislative
changes), 21 and that such periods must not be imposed consecutively or in swift
succession.
48.
It should be highlighted that the conflict level among inmates is relatively low and
any conflict is immediately solved by the prison guards. There is no record of serious injuries
of inmates (the last and rare situation of death dates back to 2015). The decrease of the
number of prisoners has had a reflection on prison overcrowding and thus favoured the
decrease of the conflict level. In 2017 the recruitment of 400 new prison guards, as well as
the installation of video surveillance systems have also contributed for this decrease.
49.
Under the appropriate legal framework, the application of precautionary measures
while a disciplinary process is pending is a power exercised whenever it is necessary by the
prison establishment directors (e.g. cases of violence among inmates).
50.
Placing an aggressive inmate in a separated cell or in a confinement cell as
precautionary measure entails a restriction on freedom of movement and on the enjoyment
of occupational activities. These decisions, under the Circular No 2/DGRSP/2015, are
communicated to the SAI, and placing an inmate in a separated cell for more than 72 hours
must be communicated to the Public Prosecutor's Office at the Enforcement of Sanctions
Court. Following the communications transmitted to the SAI, several recommendations were
addressed to prison establishment directors reminding them that precautionary measures are
exceptional in nature and that their application should be the shortest possible even if the law
provides for longer time frames.
51.
Although the law has not been amended, the duration of disciplinary sanctions, in
practice, has been reduced. Although confinement to a cell as disciplinary sanction for more
than 15 days is not usual, nevertheless there are still situations where the measure is applied
for a longer time and in accordance with the legally defined deadlines. It should also be
mentioned that although the law does not establish any differentiated regime for children
under 18, confinement to a cell as disciplinary sanction is extremely exceptional.
52.
With respect to the Porto prison, the application of disciplinary measures in this prison
establishment has been scrupulously carried out in accordance with the legal framework. In
no case confinement to a cell as disciplinary sanction has exceeded the legally maximum
limit of 21 days duration. Indeed, during 2018 the record for this type of sanction is two
punishments of 15 days and the average number of days of this disciplinary sanction was
4,50 days.
53.
Lastly, under no circumstances the consecutive execution of these punishments is
admissible if it exceeds the legally determined limit, and whenever there are several sanctions
of this kind are to be enforced, these sanctions shall be enforced in different periods.
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